Montenegro v Legal Profession Admission Board (No 2)

[2022] NSWSC 1101

Supreme Court

New South Wales

Medium Neutral Citation:	Montenegro v Legal Profession Admission Board (No 2) [2022] NSWSC 1101
Hearing dates:	16 August 2022
Date of orders:	16 August 2022
Decision date:	16 August 2022
Jurisdiction:	Common Law
Before:	Campbell J
Decision:	Leave granted for the plaintiff/applicant to appear by audio visual link.
Catchwords:	CIVIL PROCEDURE – application for plaintiff/applicant to appear by audio visual link – leave granted
Legislation Cited:	Nil
Cases Cited:	Nil
Texts Cited:	Nil
Category:	Procedural rulings
Parties:	Cesar Montenegro (Plaintiff) The Legal Profession Admission Board (Defendant)
Representation:	Cesar Montenegro (Plaintiff) The Legal Profession Admission Board (Defendant)
File Number(s):	2020/182135

Ex tempore Judgment (revised)

1. Before we commence the hearing, I wish to say that Mr Montenegro, who is the plaintiff/applicant in these proceedings, applied for leave to appear by audio visual link, and I made that order yesterday in chambers on medical grounds. However, the evidence in support of a medical reason for an AVL appearance was not entirely satisfactory. In the end, I acted on the basis of a medical certificate by Dr Perveen, a general practitioner, dated 23 July 2022 which certified Mr Montenegro as unfit for work or study from 25 July to 25 August next. It says nothing about whether he was able to come to court to conduct a case or not, and indeed, although it specifies he is unfit for study, I assume he is in a position to prepare himself to present the argument on his own behalf today.

2. Dr Perveen made a diagnosis of bilateral lower limb sensory neuropathy. She did specify by way of treatment that Mr Montenegro required review by a neurologist, and that his pain was worse than usual. Mr Montenegro also provided a copy of a report by Dr Selby, a staff specialist neurologist at Westmead Hospital dated 20 April 2022. I gathered from that Mr Montenegro has suffered from a painful progressive neuropathy secondary to axonal neuropathic damage since May 2021. But the doctor stated that there had been spontaneous remission of Mr Montenegro's symptoms more recently, that is, as at 12 April 2022. His disability was rated as minimal, and he was fit to return to work. Dr Selby said that at the current level of function there should be no impediment medically in performing his daily duties. There is no explanation for any decline in Mr Montenegro's symptoms.

3. I make these comments although I have made the order because I think litigants should understand that the readiness with which the Court was prepared to offer AVL hearings during the height of the pandemic before a very large proportion of the population was vaccinated has come to an end. It is the expectation of the Chief Justice of New South Wales that the Court’s procedures will return to normal, that is to say, they will be conducted in public and that parties and witnesses will generally, except for very good cause, appear in person in the courtroom assigned to the judge who is to hear the matter.

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Decision last updated: 17 August 2022